Prohibiting retirement agreements between teachers accused of misconduct and school districts

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the education law, in relation to prohibiting retirement agreements between teachers accused of misconduct and school districts

Purpose

To forbid retirement agreements between school districts and teachers accused of misconduct unless the agreement includes the voluntary surrender of teaching certificate or license.

Summary of provisions

The Education law is amended by adding a new section 3011-a that prohibits retirement agreements between teachers accused of misconduct and school districts unless the teacher in question agrees to surrender his/her teaching license or teaching certificate. Provides for return of the teaching license/certificate upon exoneration from the allegations of misconduct.

Justification

Recently the New York State Commission on Investigation investigated the case of a teacher in Putnam County accused of molesting one student and acting inappropriately towards other students in the same school. The school district in question entered into an agreement with the accused teacher that allowed the teacher to retire and in exchange the school district agreed not to bring disciplinary charges. The Commission on Investigation found that "The Commission finds that the separation agreement reached between the School District and the Teacher is not unusual. Allowing a teacher accused of misconduct to retire is often the end result of a school district's cost-benefit analysis, which invariably includes an analysis of the strength of the evidence:" Retirement agreements between teachers accused of misconduct and school districts "make the problem go away" for the districts but they leave the teachers in question in good educational standing. Such teachers can use their intact teaching credentials to secure employment in other districts throughout New York State. Because of the voluntary retirement agreement, background checks by the potential new employers will not show any criminal history. Rather, they will show "retired from school district X". Although allegations are not proven facts, we in the Legislature must do everything possible to ensure that students learn in a safe environment with trustworthy staff. We cannot allow potential predators leeway to continue to prey on students at new school systems.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.